กลโกงบริษัทจัดหางาน วิธีการป้องกันและแนวทางแก้ไข

บทคัดย่อ

The study “Employment Agencies’ Deceit: Preventions and Solutions” aims to (1) investigate and seek the real cause to deceive labors (2) examine deceitful treatment suffered by labors to strive for viable solutions (3) explore the loopholes of rules and regulations on policies and practices attributable to deceitful treatment (4) seek the way for preventive actions and problem solving. This is a qualitative research. Data collection is on the basis of documentary and field research. In-depth interview thus has been conducted with central and regional employment agencies and public officials in both policy monitoring and operations sections. Further, focus group discussion with communities’ leaders in northern region of Thailand has also made. The scope of this study is limited to the risk area where local labors prefer to work overseas. Three patterns of deceitful treatment are revealed by this research. First, legally-registered employment agencies conduct the fraudulent acts or disclose the matters of fact either partially or entirely. Second, an individual conducts the fraudulent acts individually or collectively or engage recruitment activities without permission. Lastly, employment agencies falsely claim their registered status for deceiving labors or job seekers. It is also found that, to deceive labors, illegal employment agencies or brokers tend to take advantage from following factors: personal needs, social values, push factor that triggers domestic migration and external pull factor that attracts labors to work overseas. Also, Thai laws’ loopholes and certain obstacles have rendered to the difficulty in handling these illegal employment agencies or brokers effectively. According to interviews with public officials and employment agencies, Thai labors desire to work overseas due to social values in one given province or region. In particular, northern and northeastern labors tend to be deceived at the high rate because of their credulity, low education, typical Thai behavior to take chance and expectation for higher remuneration and fringe benefits. The research result conforms to the specified conceptual framework and to the conception on migration - Push-pull theory and notions of motivation such as Maslow’s Hierarchy of Needs Theory and Alderfers ERG Theory of Motivation. Moreover, policy and legal issues are also other cause, especially Employment Service and Job Seekers Protection Act B.E.2528 (1985). The application of this Act still encounters problems in effectively controlling employment agencies because it fails to provide precise and fair protection for job seekers working abroad. As a result, they are overcharged for service fees and ambiguous expenses. Additionally, this Act also has no requirement or restriction on employment agencies not to charge job seekers before they actually get their job, on obligations and liabilities between employment agencies and job seekers to prevent the provision of unfair contract for job seekers or avoidance of contract. Legal prosecutions against employment agencies or brokers are tardy or difficult. With respect to preventive measures or solutions on policy basis, they include enforcement of harsher criminal and civil offences, provision of opportunity to legalize unregistered brokers, issuance of Certificate of Professional Body, specification of active policies in all areas, constant provision of latest news, updates and public relation for responsible officials and individuals, establishment of Public Organization to specifically oversee employment activities and job seekers and enhancement of legal prosecution effectiveness. For action-based preventions or solutions, local officials should monitor villagers broadly and closely, cooperate with government agencies and constantly provide latest news, updates or public relation across the villages.

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